Workers who falsely accuse fellow employers and fellow employees of racism could be dismissed, a senior legal advisor has warned.
Justin Hattingh, Strata-g Labour Solution’s senior legal advisor, said employers could charge workers who lied about racism in the workplace.
Hatting said racism was intolerable in the South African workplace, and this was backed up with case law from the Labour Court and Labour Appeal Court. “He then referred a dispute regarding an unfair dismissal to the bargaining council where the arbitrator upheld the fairness of the dismissal. The employee, not being happy with the decision of the arbitrator, thereafter took the matter to the Labour Court where it was decided that ‘falsely accusing a person of racism threatens racial harmony at the workplace’.
“The arbitrator had found the dismissal to be unfair partly because the employer’s disciplinary code did not provide for dismissal on a first offence of using racist language. The Labour Court found that the employee had admitted to calling a repairman of a service provider a “Dutchman” and had further admitted that this was a derogatory term. The employer’s disciplinary code did require two warnings before dismissal could be implemented.
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